Domestic Workers’ Rights summary

Child minders and drivers of children are classified as domestic workers under the the Basic Conditions of Employment Act. The Act requires the following from employers of domestic workers:

  • A written employment contract, to be agreed upon and signed by both parties.
  • Written pay slips which specify:
  1. The employee’s details
  2. The ordinary and overtime hours worked during the payment period
  3. The applicable rate of remuneration
  4. Any deductions made by the employer
  • Employers may not make deductions for breakages, work clothing or meals provided.
  • Employers may not deduct more than 10% of the employee’s monthly salary as an accommodation allowance.
  • A domestic worker is entitled to a meal break of at least 30 minutes after every 5 hours of continuous work.
  • An employer may not require a domestic worker to work more than 15 hours of overtime in any week. Any overtime worked must be remunerated with additional pay or leave.
  • If a public holiday falls on a day on which the employee would normally work, she is entitled to payment for that day, whether she does work or not.
  • The employee is only obligated to work on a public holiday if there is a written agreement allowing for this. In such cases, she is entitled to double pay.
  • The employee is entitled to three weeks annual leave.

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